Carroll County, MD Board of License Commissioners, 13 Jan 2021

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From YouTube: Board of License Commissioners January 13, 2021

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https://www.carrollcountymd.gov/government/commissioners/board-of-carroll-county-commissioners-weekly-agenda/

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January meeting of the board of licensed commissioners of carroll county maryland to order.

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It has been tradition, as you all know, that we start our meetings with the pledge of.

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The flag and observe a moment of silence in favor of those who have made our country free.

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It is strictly voluntary at this time. I would ask commissioner barnhart if he would lead the pledge.

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I pledge allegiance to the flag of the united states of america and to.

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The republic for which it stands, one nation, under god, indivisible with liberty and justice for all.

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Thank you very much.

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This time it's my pleasure to welcome commissioner.

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Mulwinny, I think this is her first official meeting.

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We are glad to have you young lady, so instead of me kidding you about lunch and so on and so forth.

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Welcome this time I would ask our attorney mr dixon, if he would call our first.

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Case 10 am case 6273, please all right case, 6273 a class, a beer one and liquor license.

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Issue to yogesh bajaj for the use of full nasty ink trading as winfield wine and spirit 1707.

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West liberty, road westminster, maryland two one, one: five, seven violation hearing sailed to a minor.

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In the power in the file this matter, we have the following documents:.

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A delivery of notice of hearing for this case uh acknowledgement a receipt of letter dated october.

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8 2020 delivered by hand on october 8th 2020 this october 8 2020 letter from joe vance to yogesh.

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There is a alcohol compliance violation sheet dated october 7th 2020.

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And completed and signed by charles.

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uh There is a notice of violation for selling alcohol to persons under 21, with the letterhead.

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Of brian l d, leonardo state's attorney uh the person that signed it is uh kevin lindsey.

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And there is a maryland vertical driver's license of a volunteer license indicates the.

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Person will be under 21 until 7, 31, 20 21, then there's a photograph of the person outside the.

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Store with a six pack of corona premier, I would ask that the file be entered in the evidence.

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We'll accept that into evidence this time, I'd ask all those who intend to.

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Testify in this case, please stand raise your right hand and be sworn in by miss vance.

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Do you swear or affirm under the penalties of perjury the testimony.

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You're about to give is the truth, the whole truth and nothing but the truth.

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I do yes, thank you very much.

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At this time, inspector charles, are you going to present the case? Oh yes, sir.

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You may proceed please thank you uh good morning, uh you're the liquor board inspector charles carey.

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uh On 7 october 2020 at 15 15 hours, I had an underage volunteer, who is 20 years old.

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Enter winfield wines and spirits to purchase.

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An alcoholic beverage he went to the coal box and obtained a six-pack of corona premiere.

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He took same to the front counter to pay. The volunteer was not asked for any form of id.

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And was sold to alcohol, the clerk was kevin allen lindsay, who is also tips certified.

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I spoke with the clerk mr lindsay, who advised that the volunteer looked over 35.

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Years old and he did not ask for any id all paper was completed and signed. Also, our request that.

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Both photos in the case be entered into evidence. That's our case. We'll accept that into evidence.

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Who is representing mr baja, um you are with us.

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Would you like to tell us what you would like to say.

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I believe you're you're, muted.

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Now we have the speakerphone.

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You're muted, again.

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You, oh, can you hear us now we can hear you now. Okay, before you.

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Before you proceed state your name and address for the record, please.

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Yes, sir, uh this is mickey bajaj. uh My home address is 9917 post, fake road, ellicott city maryland.

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Okay, um what I'd like to say is: yes, sir, we did make the mistake. It was a bad judgment. Call.

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That was made in our park. um Having said that, we have reviewed the tips certification, the steps.

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We are all kept certified um and also in uh kevin's uh the young man here his defense. I.

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Would like to say he has been very consistent over the years checking the ids. We have.

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Records here for the past uh five or six, you know um checks that we had um between uh from.

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You folks, or uh the uh state police or the atf for uh the tobacco um and consistently we have passed.

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So it's not that our intent was to sell to minors. uh It was a bad judgment. Call that was made.

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um Unfortunately, I think what happened was it was, uh and by the way, I'd like to add that.

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Just a month before also, we were checked on this and we did pass at that time. um But this.

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Time around uh what happened was the young man who came in, uh I believe in a quick passing in.

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The look he had a slightly receding, hairline and a beard which uh threw a foss, threw us off and going.

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Forward we have rectified that we have changed that um it's generally as a segment. I would say.

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It's only about 11 percent of the population that at that age would have a 20 you know, or that would.

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Have a receding hairline, um but at the same time, regardless at something uh that we have changed.

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um Yeah, just absolutely more careful and uh you know asking each and every one, every person who.

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Looks to be, um you know who could be even borderline, anything of that sort um having.

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Said that uh the main goal here is- and I totally understand that, where I'm coming from because.

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I have two teenagers and I absolutely do not want them getting into anything like that. Where.

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It's uh you know, it's an item that needs to be controlled and contained, and so we have absolutely.

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No intentions of selling to the miners or that's a bad business- we're not looking to do that.

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Do you have a policy on vertical ids? Do you accept vertical ids.

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Yes, sir, until the covet started our standard, uh our standard policy was to not accept vertical ids.

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However, since covert we have had to change it, because we've had several people who have.

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Turned 21 and they've had trouble getting the new, ids or they've not made it out to the mba.

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So that's unfortunately put that in a gray area, but before that we were absolutely not even.

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If it's a vertical id, we wouldn't even accept it.

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When you receive a vertical id now, and the patron has a mask on.

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Do you ask them to remove the mask to to further identify that? That's actually who.

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It is on that license absolutely absolutely. We have them pull the mask down real, quick, so.

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We can take a look and uh do a match and then, of course, in our system, we punch in the number.

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It tells us you know if the date is accepted or not accepted.

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And how many would you estimate during this period of time, where you have.

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Changed your policy that you have accepted vertical ids, the vertical ids. It's uh only a.

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Handful, I wouldn't say that there's a lot of that new uh ones uh younger folks who are coming in.

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So uh but at the same time um there are, I mean I couldn't tell you the exact number, but.

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It's it's in the very low double digits, I would say maybe 10 12 less than 10, okay yeah. So it's.

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Not a huge number, um on the other hand, how many have you refused, under that instance, before covert.

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It was a very standard practice, we would refuse them and unfortunately, uh actually we got banged.

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For that also on social media, if you go out there and take a look from the past, you'll find where.

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We refuse and we've been basically, uh you know raked over the coals for doing that.

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Commissioners, do you have questions of this testimony, ms jamal winnie, um so thank you.

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Mr chairman, um so mr baja, as you say, you changed your policy since your last violation. Do you mean.

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You took out the receding, hairline policy, and what was it you were referring to when you said that.

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Yes, ma'am uh absolutely it was uh the judgment, call that we made on the receiving care line. Yes,.

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We have taken that out uh going forward. It is you know, it's, it starts with. Okay, are you at least 21.

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That kind of sort of a general conversation, because we have to be careful.

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um These days, uh we do get several customers who are agitated, sometimes when they come in.

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So we kind of have to uh feel it out as to what direction they're going in, but we generally.

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Started out with okay, are you at age, 21 or you, you know, look uh it needs to be that played.

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You know you have your id with you. First of all, if they don't have an id with you that right there.

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Says it and then that kind of leads on to okay? Well, can you pull it out, please we need to see it.

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So your carding policy is you card, everyone that looks.

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Under 35 is that what recording policy is absolutely yeah? Sorry go ahead now, unless.

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Of course, if it's regular customers that we recognize and that's a whole different thing.

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So um do you think the benefit of changing to accepting vertical vertical license now.

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Outweighs the risk, so if you have a standard, we do not accept vertical license that you did before.

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Do you think changing it for kobe? Do you think that's worth the risk of a possible violation.

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Well, obviously, it led us to a violation. So that's what we had to look at that, but.

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It's just that, uh like I said you know uh when you have agitated customers walking in.

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And you're right there standing in front it's not a comfortable situation.

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um That's why you know, and we've kind of backtracked on that, uh but regardless, yes, we are.

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Right now accepting a vertical id, but not without doing uh matching the face.

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And punching it into the system to make sure that the uh the date of birth goes through.

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But we have no intentions of long term. Sorry, I do want to add that we do not have any.

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Intentions, long term of continuing that, uh once the covert situation is done, we are going back.

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To a standard policy of uh not extended vertical ids um right now, you know with the folks we had.

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uh Unfortunately, the reasoning that's been used is well. Nba is not really issuing us.

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Any new ones, so I don't have anywhere to go that kind of thing. Okay, thank you. That's all. I have.

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You just testified that when you have a vertical license, you look at the birth date and put it.

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In a machine to verify, is that what you said yes, sir, and uh so I will scan or punch it in so both.

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Yes, sir, let me ask you a question you're familiar with vertical ids, absolutely.

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There are two dates on the vertical id in the middle of the of the thing. What are those dates.

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The date that we're looking for is, of course, that uh says that uh you know it says when they turn 18.

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And when they turn 21, so those are the ones that we focus on and uh thankfully now that.

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The law is both for tobacco and and for alcohol. It's 21. It makes a lot easier in certain ways.

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If the date is already highlighted on a vertical license, that tells.

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When that person is either 18 or 21,.

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Why is it necessary that you scan it to obtain whether that birth date is correct or not.

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Well, the reason we scan it is to have an additional health player, because.

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At any, given time we may be working with the lottery, uh you know there may be a.

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Couple of customers there there's people walking around the store, we're trying to keep an eye on.

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So the focus is on the customer, but at the same time we have to be vigilant as to what's going.

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On and it helps having that additional aid that we can punch it in and be thinking, um it's not.

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Unusual I've caught myself in the past, where I started to transpose the numbers and you're not.

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Like oh hold on no, no I'm thinking about this wrong. You know so it's better, just punch it in.

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And get it that way, but even though we know that it's there, but still you know if there's.

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Any doubt we can kind of clear that up and it sort of helps us focus and make a decision.

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I have some other questions but I'll yield to commissioner barnhart at this time.

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Thank you, mr chairman, um mr majaj. uh Are you licensed uh for for winfield winemakers? Yes, sir,.

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So your name is yogesh. Yes, sir. Thank you. Thank you.

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uh I'm still a little confused about the receding, hairline policy that seems to have been in place.

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That was now that's been changed uh with this compliance check. um Can you explain to me what.

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The receding hairline has to do with with stored policy. I can understand what it has to do with.

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How someone appears their age, but did the store, have a policy regarding.

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You see uh no, sir, not per se a written policy. But generally, if you see someone, let's say like me,.

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You know it wouldn't make sense to uh there's a judgment call made there that don't need to.

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Check the idea: okay, how many employees do you have? Mr bazaz? uh We have uh we're total five, sir.

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And I I think you testified earlier that everyone is tips, are tam certified. Yes, sir.

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Is mr lindsay going to testify at this hearing.

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He can he's right here sure, sir okay. Well I'll. You know I'll wait uh until the commissioners.

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Have finished asking questions of the licensee but uh yeah I'll just.

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Say some further questions for mr lindsey when he's when he uh testifies. Thank you.

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Mr baja, how long have you owned this establishment? um I believe it's six years now, sir.

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Mr you have any other questions with the the licensee this time.

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I'm sorry, I did one question, though mr bajas.

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You mentioned that, um just before this failed compliance check that you had the store had.

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Passed a check: what check was that who made that check? Well, uh it was a month before.

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That, sir in september- and uh I think it was uh mr benford he uh came by at the time and.

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um There was a you know, the compliance check that happened the month before. I believe, okay, so.

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So this violation is october, 7th 2020.

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And um your recollection is that in september of 2020, uh the liquor board inspector.

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Did a compliance check, and that was a successful compliance check. Is that right? uh Yes, sir, uh that.

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Was uh holding one second that was uh september, 2nd 2020 and we passed at the time? Did you get a.

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Letter from the liquor board uh indicating that you would pass that compliance check. uh Yes, sir.

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uh Again, I see mr lindsey is holding something up, looks like um yeah, okay and the date of that.

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Letter is what mr bajaj uh september, 2nd great, okay and and who signed the letter.

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uh It's uh david l, browning, okay! Thank you, sir. That's all the questions I have, mr chairman,.

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Any other questions of uh mr baja, if not mr lindsay.

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State your name and address for the record. Please.

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My name is kevin lindsey and my address is 221 north main street new salem pennsylvania.

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And your capacity at the establishment is manager or what evening manager.

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Were you on duty at the time of this occurrence, I was sir.

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And would you like to tell us uh your version of what happened.

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um The gentleman walked in he brought a six-pack of crime to the counter.

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I made a judgment call based on his appearance and only seeing his face that he was over over 30.

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And that was obviously wrong and a mistake, but it was a mistake that I made I intend to not make it.

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You thought he was over 30, though. Therefore you did not ask for id.

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Correct correct: I thought he was that youngest 30. I thought it would be closer to 35.

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uh Have you been, how long have you been employed at uh winfield wine and spirits.

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For about six six plus years now.

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uh Have you have been on duty at any time when a successful compliance check was.

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Done yes, your honor, I know for sure one for alcohol and at least one or two for tobacco.

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uh Five of them for tobacco, five people, five for tobacco. Sorry.

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And you've worked there just about the whole time the the licensee has owned the store.

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If uh six years and he's been there about six years, according to his testimony.

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Yes, I was here for a couple months with the previous thing.

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Commissioners, do you have any questions of this witness? Yes, sir? uh So mr lindsey.

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uh Looks like you are tips or tam certified at the time of this occurrence. Yes, sir, okay.

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And what exactly about the volunteer made? You think that he was over 30, perhaps 35.

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At the hairline and stubble I saw some wrinkles around the eyes. I felt and.

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He just appeared to me to be above 30, or at least older than me. I'm 29.

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Okay and since I have changed that judgment and I have actually carded a lot of 40 year olds,.

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In the process, but okay at the time of this compliance check.

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Was there a written policy about checking cards of customers or this just a general store policy.

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Can you enunciate that tell us what it is? It's always been a policy to.

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Id identify anybody that we do not know personally under 30., okay, 30., all right.

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Does that policy change now in in light of this failed check, we have kind of.

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Without written down, it has changed to 35. Yesterday.

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That's all the questions I have, mr chairman, thank you.

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Mr mulwinny, I have no questions. Thank you, mr chairman.

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Inspectors, uh kerry and benford.

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As you've heard testimony, this establishment has been owned by the same people for about six years.

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Could you give us the previous record of any violations since this ownership.

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Has had the establishment.

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It's got to be four 21. 2015 is the last.

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Violation, when's, the last violation. Let me uh let me let me uh let me redo that again, uh it's 12 14.

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2016 1 5 2016 and 10 9 20 14., and I have no record of being there in september.

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And as of this date and time, we have not been able to recheck them.

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Commissioner, barnhart.

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Do you have recollection of previous finds and violations from the record.

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Yes, mr chairman, when I looked at the file, uh I saw a violation of three nine. Sixteen, the fine was.

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Three hundred dollars and I saw a violation of two eight- seventeen, the fine was a thousand dollars.

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That's my recollection of the file, but I don't believe those name numbers.

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That inspector carry just mentioned uh coincide with what we saw in the same file.

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I think these, maybe the inspector was giving the hearing date as opposed to the violation date.

J

We we keep files by the ways by the violation date day. We had a violation, we don't keep it by.

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The hearing date in the folder it's kept by the hearing date right. That's always a tad confusing.

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To me, so I see three violations in the last five years. Is there any dispute about that? um Anyone.

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I agree with what you just said: that's my recollection of reviewing the the licensees file.

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March 9 16, a fine of three hundred dollars, was assessed.

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February, the eighth of seventeen, a thousand dollar fine- was assessed.

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And now we have the third violation uh of which we are discussing here this morning.

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Sir, may I add something to that.

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Yes, okay, the first violation was within about two weeks of uh when we bought the place.

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And we were still trying to kind of get our head around like all the different kind of.

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Beers and the liquors and all that, and that's what happened, uh the second violation was it.

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Was a new employee who had just started and we had made the mistake of the time.

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And then ever since then, we've been fine in the sense um because everyone's been fan certified.

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And we kind of went to a standardized approach of doing things until now,.

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So yes, it's uh three in that time frame. If you think from that standpoint, but uh realistically.

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It was if you look in the context of things it was. You know we had just literally taken over the.

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Place and that's when it happened, so that was one and then the second one was with a new employee.

B

Mr chairman also looks like that there was a string of four or five depending how you.

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Count the testimony about the september check four or five successful compliance checks.

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Since the violation of 12 14-16 yeah, we've been consistently checked so.

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Commissioners have any other questions of either of the uh witnesses. Oh, is there a.

B

Is another witness as a caller waiting or is that a different case.

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No, that our audio wasn't working through the video chat, so this is.

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Yeah, I I I just see someone else on the screen. I don't I I'm guessing. That's.

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For the next case, the young lady, I think, is for the next case. Am I correct miss yes,.

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I have no further questions. Mr chairman.

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Mr mulweny, you have any further questions. No sir.

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Hearing uh no further questions testimony as.

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Completed in this case, uh mr ba bajo, would you like to make any further comments, closing comments.

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Yes, sir, um the only thing I'd like to say is once again I'd like to reiterate.

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What we mentioned earlier, uh their policy has changed, and basically it is, according everyone.

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Anyone who looks below 35 40, of course, that's hard to sometimes discern and tell who is 35 and 40.. So.

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We're airing on the side of caution uh other than that, as you can see from our previous history just.

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Even the month before, when we were done, we were checked um that we did pass. So it's not that we're.

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Blatant disregarded, we're not even checking or anything, which is absolutely not our intent.

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uh We are we're, definitely taking steps and, at the same time, you know we're responsible.

E

With this, that's not something that we're uh uh looking to basically hand. You know.

E

um Alcohol out to uh young people or anything of that sort absolutely not uh also.

E

Our consistent over the last five years, I have the records right here. um You know we've been checked.

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For uh for the m by the atf and state police for uh the cigarettes and we've passed every time so.

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It's not that we haven't been checked either and we are consistent with the approach, but.

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Mistakes do get made and we definitely made one so we're correcting it and moving on from there.

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Inspectors, do you have uh any closing comments you would like to make either.

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Specter kerry or inspector benford, no sir hearing none testimony.

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Is closed and we will now, as a board of licensed commissioners, discuss the merits of this case.

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And hopefully render a decision. Commissioners you've heard the testimony.

A

Comments please, uh mr chairman, I have a few comments. um I think it's it's a good thing.

B

That this licensee has all of his employees uh tam certified. That's a good step from our perspective.

B

And I'm also, frankly, I'm a little bit sympathetic to mr lindsay's conundrum with regard to.

B

The apparent age of the tester, uh as I looked at the file, the tester does have a receding head.

B

Hairline I mean, and uh frankly just from the photographs I saw I I can understand, although I.

B

Don't uh call it acceptable, but I can understand how a server might think that he is above 30.

B

uh Still, as has been mentioned, it is preferable from our.

B

uh Our perspective to always err the side of caution, and in this case that didn't happen.

B

B

Again, I think it's good that changes that were made, which sounds like the change that was made.

B

Is that, uh instead of a general policy of carding people who look over the age.

B

Of 30 that the carding will uh take place unless they appear to be at the age of 35.,.

B

I would mention that in this particular case, uh I guess one could argue that this.

B

Tester and this volunteer could have looked 35 to some people, so I think that the better policy.

B

As mr bajaj said is to increase carding of customers.

B

Understand his concern about customers being agitated about certain things.

B

Vertical licenses and such and perhaps carting when you're a certain age. But I think that our.

B

Licensees are, at least in my opinion, under an obligation to do the best they can to ensure.

B

That underage levels don't occur, and sometimes that evokes anger from customers, but so be it.

B

uh I do note that there were three violations in five years. I think that's that's in evidence not.

B

Contradicted I'm a little surprised at the define for the second violation um thousand dollars. I I I.

B

Don't recall that case, I'm not sure why that fine was assessed, but I I would note, mr chairman, that.

B

um While we're not bound by um any type of formula that for some reason at that time, the board.

B

Felt that a five of a thousand dollars was appropriate for a second violation.

B

Those are my comments, mr mr chairman, commissioner, whitney. I agree with mr barnhart um that, although.

G

It does agitate people, a better policy would be to card everyone. I know that makes people.

G

Uncomfortable sometimes to have to provide id if they know they're over 21. But you know to to.

G

Air on caution and and to protect your business, I I think that would be a wiser policy to make.

G

um And I and as commissioner barnhart said, I'm not sure about the.

G

Thousand dollar fine was before my time, so I'm not sure why that was assessed so high.

G

And possibly be taken into consideration with this being the third violation in five years.

G

So if it's okay with the mr chairman, I'm proposing to make a motion, let me make one comment before.

A

You make that motion since I was a member of the commission at the time that fine was assessed.

A

I don't have 2017's files with me. I only go back to last to 2009-2019.

A

But my recollection was the testimony that was given for that and the intent.

A

Of the commissioners at that time was that that second, fine.

A

Was issued less than a year from the first fine, which was issued very shortly after.

A

The ownership changed and while I can appreciate the comments that were made.

A

About just taking over the business, it would appear to me as a citizen that.

A

If I were taking over a business involving alcohol that I would be extremely careful.

A

With the first year, in addition to being careful for the rest of the time,.

A

And with that said, I think that was the reasoning that the fine was a thousand dollars.

A

For the second violation within 11 months,.

A

Now, if you would like to make a motion, the chair would entertain it.

G

Thank you very much for your insight on that on those two fines. Mr chairman, I appreciate it.

G

um So in based on all the evidence uh involved in case number 6273, I find you culpable and.

G

Since this is a third fine within five years, I propose to impose a fine of twelve hundred dollars.

A

Is there a second to the motion? I second the motion, mr chairman,.

A

Motion has been properly paid and seconded that we find the licensee culpable and assess.

A

A fine of hundred dollars is there any further discussion on the motion.

K

Hearing none, those in favor signify is saying: aye aye opposed no.

A

So ordered mr baja, we find you culpable and this commission issues a fine of twelve hundred.

A

Dollars which may be paid within 30 days of official notice of the action of this commission.

A

Of which you will receive written notice of the decision, do you have any questions.

A

Yes, sir hearing none, thank you very much. Best wishes for a continued successful.

A

Business all righty. Thank you all at this time. I would ask our attorney mr dixon. If he will call.

A

Our case number 6274, please all right, k-6274 class d, beer only license issued to sandra mcelveen.

C

For the use of 1623 brewing company llc trading, a 1623 brewing company, 5975 exchange, drive, suites h.

C

Through l, eldersburg maryland two one, seven, eight four violation: hearing sale to a minor.

C

In the file this matter, we have the following documents:.

C

A uh delivery of notice of hearing.

C

uh Acknowledge receipt of the letter dated october 8 2020, delivered by hand on october 8 2020.

C

Received by carrie nevin there's an october 8 2020 letter from joe vance to sandra mcelveen.

C

There is a photograph of the volunteer outside of the establishment with a six-pack of.

C

Beer or alcohol there is a photograph of the volunteers maryland vertical driver's license.

C

That indicates the person is under 21 until 731 2021. There is a alcohol compliance.

C

Violation sheet completed and signed on october 7 2020 by inspector charles kerry.

C

There's also a notice of violation for selling alcohol to persons under 21 on the letterhead.

C

Of bryant l d, leonardo state's attorney and it was com signed and completed by jacob.

C

Halstead, I would ask that the file be entered into evidence.

A

We'll accept that into evidence at this time. I would ask all those who intend to.

A

Testify in this case, please stand raise your right hand and be sworn in by miss vance.

D

And raise your right hand, please, do you swear or affirm under the penalties of.

D

Perjury that the testimony you're about to give is the truth. The whole truth.

D

And nothing but the truth I'll do it. Yes, I do. Thank you very much.

A

Inspector carrie will you or inspector benford? Yes? Are we taking care of that? You.

A

May go ahead and proceed. Please. Thank you, sir uh liquor board inspector charles carey on 7.

F

October 2020, at 16 35 hours I sent an underage volunteer who was 20 years old into the 1623.

F

Brewing company to purchase alcohol, the bartender handed him a six pack of 1623 brewing company beer.

F

The bartender did not ask our volunteer for any form of id and sold him the alcohol on the.

F

Bartender was jacob halstead, who is tips certified. I spoke to the bartender, mr halstead, who stated he.

F

Did not ask our volunteer for any id all paper was completed and signed. Also, this was our first.

F

Our first compliance check for this facility, 1623 brewing company also, I request that both.

F

Photos in this case be entered into evidence. That's our case, we'll accept them into evidence.

A

Does that conclude your case at this time? Yes, sir. That concludes our case.

A

Miss mcalvin, would you like to tell us what happened? um I was not here that day, but it was.

L

My understanding that um a miner walked in walked up to the bar asked for six pack of beer and jake.

L

Who was the bartender at the time did not ask for any form of id um our rules from day. One have been.

L

Every single person gets carded um because it's really not up to us to decide how old someone is.

L

At the time, jake just made a bad decision to go ahead and give that person. The six pack of beer.

L

um Since then, we have um you know well, we've consistently been on our employees.

L

Even from opening day, one of always parting all employ all customers, but since then we obviously.

L

Have really reiterated that rule we have monthly meetings um that we are constantly on employees.

L

I do think you know. Unfortunately, in light of this, it's it's brought. You know.

L

Spotlight to all of our employees, including jake, who obviously knows he's fully responsible.

L

For not carting this particular customer.

A

Mr mcelveen state your name and address for the record. Please and I apologize for not.

A

Asking you before you begin your testimony.

L

Sandra lynn, mckelvin 1146, colonel joshua court westminster, maryland 211.

A

Thank you, I didn't mean I I say I apologize for interrupting you, but.

A

We need that for the record, no problem.

L

And if I remember what you said- and I might be a little bit confused here now.

A

It's your policy to to card everyone over a certain age or.

A

What what did you say? We have always and stated that every person gets carded.

L

I mean we've had people mad at us for carding them because of their age, but.

L

You know when, especially when it gets to a point of someone being 30, maybe looking younger.

L

Or young you know the so forth, you just it's hard to really gauge how old a person is. So therefore,.

L

We've always made it that every person gets carded now, obviously, as we've been open and some of our.

L

Quote, regulars have come in and we know their age we're not going to constantly card them.

L

But anyone that's new to our establishment that we don't know our rule is to card that person.

A

So, in effect vertical license, you do not accept.

L

We do not, I know recently, that's been a challenge because we've had people.

L

Come in with vertical ids and they can't get their license renewed because of the pandemic.

L

We have asked in some cases for other forms of id, but we generally we do not accept vertical ids.

A

Okay, commissioners, do you have any questions with mr mcmelvin.

B

Oh well, I have a few. Mr calvin, um do you know what day of the week that this violation occurred on.

B

It was a wednesday wednesday was that a busy day for you not really.

B

So back in october of 2020, what were your operating hours.

B

Just um well on a wednesday, it would be from two to 10.

B

B

And when was opening day february, 22nd.

B

Yeah, I think that's right, because I think I drew my opening day to see how you were doing.

B

This was just before the shutdown three weeks, and I.

B

I recall that you were doing um a lot of business that day.

L

Yes, we were, I was coming from, we had nobody there, so I have. I have seen your operation. I have toured.

B

Your facility, yes, uh you've, made an enormous investment. Can you give the board an idea of the.

B

Business that you have uh the investment that you made and then how is business going at this time.

L

Overall I'd say our investment has been about a million and a half.

L

um That includes both our tap room and our brew house. Our current business there's without.

L

Question these last 11 months, 10 months now have, if, I'm being honest, been complete hell. um You know.

L

First of all, us just trying to figure out the business not knowing being new to it and then.

L

To have the pandemic hit and shut everything down and just learning. You know everything that needs.

L

To be done, trying to ensure most importantly, the safety of both our employees and our customers has.

L

Been the first and foremost thing on our list um and and it's been hard- we've spent even more money.

L

Taking preventive measures like every other week, we have this place completely cleaned.

L

As if we had covet, which obviously is pretty costly, but we feel that it's, you know something.

L

We need to do to ensure again the safety of both our employees and our customers.

L

um So business, you know, although it's been tough, I feel, like we've been doing a good job of holding.

L

Our own and trying to stay afloat and keeping our employees employed. That was one of the biggest.

L

Things my husband and I from the beginning. Our goal was to try to keep our employees employed.

L

So, since all of this has gone on, the one thing that has been a positive is our distribution.

L

Side has really taken off, um so we have. You know we're looking actually into expanding.

L

Our um the amount of suites that we have to actually bring in additional uh brewing equipment.

L

So that we can um make more beer and get it out in distribution.

B

My next question about how that side of the business is going. I I.

B

I have heard that it's doing well, um that is, some stores, are trying to stock your product.

B

uh And not can't always get it because of availability, because you are doing well on that.

B

Side right, yes, correct how many employees do you have mr calvin? um I believe now we're up to 27.

L

And that includes both the tap room. What we call the front of the house and the back of the house.

B

Okay, so so, let's just stick to how many of your employees actually serve patrons and customers.

L

Wow, I don't know that specific number, um because we do have you know we have.

L

Our bartenders, but then we have servers, and then we have busers um some of our buses who aren't.

L

uh 18, obviously can't serve the beer, um but if I'm guessing I'm going to say 20.

B

Okay and how many of them are tips are tam certified. They all are.

L

Even the new ones we actually have have hired people during this.

L

And uh we even early on made it a point to get them tip certified.

L

um As quickly as we could, because we feel it's it's very important yeah, that's very commendable.

B

um That's a lot of employees who hopefully have received the training they need to.

B

To help guard against underage sales and and over sales, for instance, right.

B

And during the last year, during the shutdown there have been times where.

B

You haven't been allowed to have anybody inside the facility you've been out in the parking lot.

B

Correct it goes back and forth right, yes, sometimes you're open. No, it didn't go back and forth. So the.

L

Shutdown happened on lovely st patrick's day and we were shut down. I believe, until about mid-june.

L

And mid-june we were allowed to open um inside at. I think it was 25.

L

Capacity and then at one point we moved to 50 and then uh when they moved it to 75 percent.

L

We made a decision that, based on our layout and how our customers felt like they felt very safe.

L

Here that it wasn't in our best interest to go to the 75 percent, so we always stayed at 50.

B

Okay, what is it now? Do you have indoor service now? Yes, and it's 50 still.

B

And your present operating hours uh miss mckelvin. What are they.

L

So wednesday and thursday we are open from 2-9 friday, saturday and sunday we open 11 30 to 9.

L

And then we just started something last night, where we did a taco tuesday, bringing in a taco.

L

Food truck that we're open from three to eight. Our plan is to do that um this month and next month,.

L

Just to get a gauge to see, if you know possibly, we could pull in some out of business on a tuesday.

B

Okay, uh thank you man. That's all the questions I have, mr chairman, commissioner, whitney. Thank you, mr.

G

Chairman um ms mcelveen, uh first off I'd like to commend you for the card. Everyone policy, I think.

G

It just makes sense. um Unfortunately, this one kind of fell through the cracks. Do you have anything in.

G

Place as kind of a checkpoint kind of thing to say, you know how you would know if that's happening.

L

um The only thing I can say is daily my general manager carrie. um She works with all the employees.

L

Every day to to reiterate the fact, I guess two things is one carting everyone, but uh also you.

L

Know we really try to monitor the amount of alcohol too that every person gets, so that is two.

L

Things that I think she is always on our employees about um you know. I know on the daily schedule.

L

She puts on there what the actual birth date is. You know for anyone who's turning 21 today.

L

um She has the signs posted at the bar. um You know as well that we don't card.

L

uh Anyone under 21 and we don't accept vertical ids. So aside from that, I can't say: there's any.

L

Given check other than she does monitor, obviously our servers and bartenders as they're interacting.

L

With customers to make sure that they are carting people that are, you know asking for beer.

G

Right, um do you have an incentive program in place um if a compliance check is passed.

G

Some businesses do some businesses will have an incentive program that says: okay.

G

You passed the compliance, you dodged, the bullet.

G

You know here's this kind of right. Well, this last after unfortunately, this circumstance, my.

L

Husband had, I think, he kind of laughingly but meant throughout. You know if someone else comes.

L

In and um you know, everything goes okay with the liquor board. They get a hundred dollars.

L

And on new year's eve, it happened. You all sent someone in and um the person who it was.

L

Not jake, it was someone else and she did her due diligence and made sure that you know they were.

L

Carded and she questioned them so um that I don't know that we're that's going to be an ongoing.

L

Thing for us to be honest with you, that's not something we've really discussed, but she did get a.

L

Hundred dollars, though, and she was very happy and we'll probably continue to card everybody again so.

G

Absolutely well yes, and, as will all of our employees, because, as I said in the beginning, like.

L

This definitely has brought light to the fact that you can't underestimate anyone walking through.

L

The door, you know, especially with the masks on I mean, and although we can tell them to bring pull.

L

The mask down- it's still it's so fast and everyone needs to be carded. There's just there's no excuse.

L

For it and jake knows how I feel about it, because I'm treating him like my son and you know, have.

L

You have reprimanded him several times now, but I mean it's unfortunate circumstance I I can.

G

Appreciate that fact, and I I I absolutely applaud you on your diligence, to make sure that your.

G

Your business is run professionally. Thank you. Thank you. Thank you.

B

I'm sorry, good goodness, chairman go ahead. Well. Thank you, mr chairman. I will just um comment uh to.

B

Ms mckelvin, that I think it's a good idea to institute that incentive program. uh I've seen.

B

Licensees who have come in before us and said this actually works. This has started working so.

B

Laughingly perhaps it was brought up, but no it's a good idea. It works um good. Mr chairman, thank you.

A

I have several questions, but uh that gentleman go is he intend to testify.

L

He's available, if you choose to for him to ask him my questions, I mean he.

L

From the beginning said to me he said I want to be involved in this because I'm.

L

The one that made the mistake and screwed up so I feel like I should be involved.

A

I I would like to ask him if he would state his name and address for the record, please jacob.

K

Michael halstead, 7-0, 7407 village drive apartment, 25, sykesville maryland two one, seven, eight.

K

Four, I assume you have uh been employed since the opening, yes establishment. That's great.

A

You have previous experience with alcohol in some other manner.

K

No sir, this is my first uh alcohol related job and you are tips. Yes, sir tips or tan.

A

Tips and what? What is your main.

A

Occupation at the 1623- I am a beer tender, sir, so you're not you're, not involved with the.

A

The wholesale operation of the product, no sir nope, just everything on the front of the house.

A

And you were the server of the cadet. Is that right? Yes, sir, that's correct.

A

Was uh I don't have a picture of it, so I can't tell, was it a male or female.

K

It was a male sir neil.

A

Thank you, miss mckelvin, yes,.

A

You monitor just in my uh question here, you you monitor all of the servers and so on and so forth.

A

To be sure that they ask for ids and so on so forth. Yes, what about.

A

Serving of of beverages, I'm not quite to put this without.

A

Being a little bit.

A

Well, let's put it this way, what would you say the average time that a patron spends inside.

A

At the bar, the tables and I apologize, I have been past your establishment, but have not had.

A

The opportunity uh to actually come inside the building, what what would you say would be to.

A

They stay for a half hour or hour, I'd stay between an hour hour and a half maybe- and you have.

A

Food available either in house or by food trucks. Yes, is that correct? Yes,.

A

A

And you may have an id, I'm sure you have a wild idea.

A

If not a a more concrete one, with the unusual situation that we have now.

A

uh And, as you mentioned, uh you could use some more uh ability to produce product. What would you say.

A

Your wholesale sales versus retail only established in the establishment would be.

L

You know, um and in a perfect non-pandemic world what it should be, is 65 in the tap room.

L

And 35 for the distribution wholesale side- and I would say, that's completely flipped around now.

L

We're now probably more 35 in the tap room and 65 on the wholesale side, and I believe.

A

I believe you indicated earlier that uh you were trying to expand the product side to produce more.

A

Product, because if circumstances were normal it you could sell more than what you are now.

L

Yes, so we're looking at taking over the sweets, um alongside of us that are vacant.

L

So that we can actually put some more tanks- and you know, brew house equipment in there so that way.

L

As we make our beer, we have tanks to ferment them in because that's our problem right now is.

L

With distribution and um the tap room, where we've been finding it tough just to keep up making the.

L

Beer, because we don't have enough tanks to put it in so um we're hoping by possibly april or may.

L

To have to get us to that point that we will be take over those suites and we're also looking at.

L

Extending out our distribution, we won't really want to get into pennsylvania, virginia.

L

And then start kind of going up and down the east coast. You know like ultimately.

L

Our business plan- that's where it is, but I think this has pushed that model a little.

L

Faster because of you know not be happy and able to have as many people in the tap room.

A

How many can you accommodate at 50 percent in the tap room, 130 130 on the internet,.

L

Yes, so if circumstances were normal, you could have 250 people or more in there correct 60., yeah, good.

A

Commissioners, any other comments or questions.

B

uh I have a couple of quick questions, one from mr uh halstead um at the time of this.

B

Violation, were you aware that it's a crime to sell alcoholic beverages to a minor in maryland.

B

Yes, sarah was you were aware, and how did you become aware of that before this happened.

K

um I mean I have a few police officer, friends kind of stuff. We will talk about.

K

It's since been reiterated, since the incident about the severity of it so.

K

I'm I've become well aware again of the severity at hand and ms mckelvin, you.

B

Made all of your servers aware of the possible criminal repercussions for selling to a minor.

L

Oh absolutely- and I mean they all know from their tips- training as well yeah, but we have a new pro.

B

We have a program in carroll county, that's perhaps it's a year old. I guess where we actually are.

B

Involving the state's attorney's office uh when a server has served to a minor, that's fairly new for.

B

Us- and uh I just want to see how many servers are aware of it when they come testify before us and.

B

Mr hall said you were aware of it.

L

I can also tell you that uh I know in the carroll county times when that article came.

L

Out that one of the laws changing was that the server was now going to be as responsible as the.

L

Owner we actually brought that article in for all the employees to read that's a good idea. Thank you.

B

And I just want to say uh uh one thing: um two things uh to you, ms mckelvin. First of all,.

B

uh You and your family have done a a really wonderful job there with that facility. It's a real.

B

It's a real bonus to the community to have you there and thank you for your work.

B

Secondly, I would ask you to reinvigorate uh your policy that you card everyone.

B

uh uh I I was there recently to get a can of the kelvin cypress for my son.

B

I wanted him to uh to try it because it's very good and I walked in and I was not carded. I know I.

B

Look what I look like, but still you know the policy is everyone. um Clearly that was a recent.

B

Lapse so I just I want to point it out to you, but again you have a wonderful business going.

B

There- and I hope you have continued success. Thank you and I appreciate you letting me know that.

L

Because that's we really do try to understate all of our employees that everyone gets carded.

A

Any other questions, that's all I have, mr, mr commissioner, mr chairman,.

A

Commissioner, you have any other comments.

G

I'm sorry thank you. Testimony uh is now closed and we will move into a summation.

A

Part, mr kelvin, do you have any further comments or general comments to make at this time? I do not.

A

Inspectors do you have any closing comments? Yes, sir I'd like to make a comment that.

J

They were checked the first time they were checked. They failed the first check.

A

Would you identify yourself for the record please inspector keith, benford.

A

Would you repeat what you just said: they failed on their first check.

A

And how long had they been in business.

J

Probably about six months.

J

But they were closed for taproom was close to several months during that time,.

A

This concludes testimony and now we will move into the discussion to discuss the merits of this case.

A

Commissioners, your comments and.

B

Well, thoughts chairman, I that was going to be my one comment or give me one of a few comments.

B

uh Mr benford just made it, um they only have one violation, but it occurred on their first.

B

Check, um I guess, for mitigation purposes, you can say on new year's eve, uh which.

B

May have been a busy night, they did pass their follow-up compliance check, but that's always.

B

Good news from our perspective, uh but mr benford is right. First time tested a failure.

B

um I'm convinced that ms mckelvin and staff know the severity that we hold any sales to underage.

B

Customers uh how we feel about that, and uh I I feel that that this licensee will.

B

Make concerted efforts to prevent a second failure because, as we all know, compliance checks.

B

Will be coming.

B

Those are my comments, mr chairman, commissioner, winnie thank you, mr chairman,.

G

um Although it is true, it was their first um check and a fail on their first check.

G

I genuinely feel that this has really affected, miss mckelvin and her diligence moving forward.

G

Will be focused on making sure this doesn't happen again. Thank you, commissioners.

A

What was the exact date of this check, the date that it was made october 7th of last year.

A

October, 7th was the date that it was checked and when did they open for business february, 22nd.

A

So this was roughly eight months after they opened for business.

A

Correct, yes, and even though there was a period in there, they was closed.

A

As far as I'm concerned the period of time that extended from the time the establishment was.

A

Opened until the first check was made in my opinion, does not carry the weight that if it.

A

Had been made within 60 days of opening, while I understand the circumstances that was there.

A

The establishment employs nearly 30 people first class operation and I applaud.

A

Everything that about the operation as it exists and has existed, I think the licensee.

A

Has been very diligent about not selling to minors and the steps that they have taken.

A

Can easily somebody can make a mistake, pretty quick.

A

So with those comments, commissioners, what are your feelings as far as.

A

The violation that occurred that you have heard witnesses testimony.

B

Mr chairman, I completely agree with the comments you just made.

B

Especially uh in light of the testimony we heard today about.

B

uh How this licensee is going to go forward, I I have toured the facility uh it's. It is a.

B

Wonderful facility, as I mentioned earlier, um and I'm glad to hear that the uh wholesale side.

B

uh Is picking up because I know that on the retail side, when this first, this shutdown first began.

B

They were doing a tremendous business and all of a sudden um it was knocked out from under them.

B

And I think that uh that this um licensee and its operation has taken a hard financial hit.

B

I'm glad that you're surviving and doing well, uh as as you know, mr chairman, as you know, my.

B

Feeling and I'm sure it's a feeling of the rest of the commissioners, that public safety.

B

Is our number one concern our utmost concern? Selling to minors is a large part of that.

B

Nevertheless, uh uh it's generally been our policy for our first offense to find a licensee of 300.

B

This is clearly a first offense, but in we also have, I think, um have a concern.

B

For small businesses in our community- and this has been a very hard year for a lot of.

B

Our licensees not so much class a. uh I think that liquor stores are doing okay, but restaurants and.

B

And perhaps breweries and distilleries have been been really hit hard by this.

B

um In this case, suspending the fine of 300 is not going to make or break uh this business. um However,.

B

It's my feeling that, uh in light of everything has been said uh and um up to this point, I'm.

B

Prepared to offer a motion, mr chairman, the motion would be that we find the licensee culpable.

B

For sales to a minor in case, 6274 assess a fine of 300 and suspend three hundred dollars.

B

uh Condition upon 12 months of no violations being uh recorded from the date of this hearing.

B

Oh. Thank you, mr chairman. That's my that's. My motion.

A

Motions have properly made and second or probably made that.

A

This commission find the licensee culpable and issue a fine of three hundred dollars.

A

With the stipulation that the fine businessmen suspended, if there are no further violations in.

A

12 months is there a second to the motion? A second emotion.

A

Motion's been properly made and seconded that we find the licensee culpable issue, a 300, fine.

A

And suspend the fine if there are no further violations in the next 12 months. Is there any.

A

Discussion on the motion hearing, none those in favor of the motion signified by saying aye, aye.

A

Opposed no so ordered, mr mcelveen, we find you culpable issue a three hundred dollar fine.

A

With the stipulation that the fine be suspended, if there are no further violations in the next.

A

12 months, do you have any questions? I don't thank you and I appreciate.

L

Everything. Congratulations on a fine establishment. uh We hope not to have the unfortunate situation.

A

Of you appearing before us again for this type of hearing, continued success and.

A

Hopefully, soon we'll be back to almost normal anyway, and you can continue to.

A

Expand and further provide your product to those who desire with that. Thank you very much.

L

Thank you. We are going to take a eight minute recess and re turn and at 11 30.

A

Okay, we're back in session, it looks like everyone is here.

A

So at this time I would ask mr dixon if he would call case number 6278, please.

C

All right case 6278, a class b beer, one and liquor license issued to francesco de fata, frank de fata.

C

And robert davada for the use of papasow inc trading as bellissimos.

C

2900 baltimore boulevard finksburg round two one: zero four: eight violation: hearing sale to a minor.

C

In about this matter, we have the following documents: a delivery of notice of hearing.

C

Knowledge received a letter dated october 26 2020, delivered by hand on 10 26 2020.

C

Received by anna cannon, there's a notice of intention to defend.

C

In the file with the box check, I do not intend to contest the alleged violation.

C

um Signed october 26 2020, and it looks like it's signed by anna cannon, there's october.

C

26 2020 letter from joe vance to francesco the father, frank departa and robert defiler.

C

And there is a alcohol compliance violation sheet.

C

Dated october 22nd, 2020 and signed and completed by inspector charles carey.

C

There is a notice of violation for selling alcohol to persons under 21, with the let with.

C

The letterhead of brian l de leonardo state's attorney uh it was signed by uh don barnes.

C

There's a photograph of the volunteer at a table with a bottle of bud light beer in front of them.

C

In his hand and there's a another photograph of the volunteers, maryland vertical driver's license.

C

That shows uh the person is under 21 until july 31st one. I.

C

Would ask that the file be entered into evidence, we'll accept that in evidence.

A

At this time I would ask all those who intend to testify. Please stand raise your right hand.

A

And be sworn in by ms vance, that includes all those who are on the line to testify.

D

Do you swear or affirm, under the penalties of perjury, that the testimony you're about.

D

To give is the truth, the whole truth and nothing, but the truth I do I do do. I do.

A

Before we be would begin, I would ask all of those who intend to testify when called upon.

A

First, please state your name and address for the record inspector kerry. Are you going to present.

A

This case, yes, sir, you may proceed. Please thank you good morning on uh 22. uh Let me uh start over.

F

Again, it's gonna, be charles carey, uh liquor board inspector for carroll county uh on 22 october.

F

Of 2020 at 1450 hours I had an underage volunteer, enter bellissimo's restaurant.

F

To sit at the bar and order an alcoholic beverage, the volunteer was served, a bottle of bud like beer.

F

The server miss barnes did not ask our volunteer, who is 20 years old for any form of id.

F

I spoke to the server miss barnes, who advised me that she did not ask for any id due the.

F

Fact he looked like a regular customer, ms barnes is tip certified and all paperwork is.

F

Completed and signed also a request that both photos in this case be entered into evidence.

F

That's our case, we'll accept that into evidence.

A

Miss anna who is going to testify first on your behalf, or what do you all have to say about the.

A

Violation: anna cannon, 1110 mumbo drive westminster, maryland 2157.

M

I was going to ask dawn to speak first um because she was there during the incident.

M

I was, I was in the building, but she was you know with the the cadet. I guess you could say.

H

Okay, yes dawn barnes, 35, hersh avenue, westminster, maryland 21157.

N

um Yes, I was there and I did make the mistake of serving someone without asking for id.

N

And I didn't ask him to take the mask off, which was probably the main cause of the problem. There.

N

It's a huge mistake. I don't know what else to say. Besides yeah, I made a mistake: I've.

N

Been attending bar in carroll county for 28 years I'll be at bellissimo's 14 years.

N

Next month, I believe um I've never served someone under age. It's not something that I take lightly.

N

The mothers against drunk drivers, something I had to attend- um definitely hit him and was.

N

Very emotional to watch and listen to people who had lost their loved ones due to a drunk driver.

N

And something I could have contributed to by serving to someone under age.

M

I have been oh go ahead. I'm sorry, commissioner, do you have any questions of uh miss barnes.

B

Thank you, mr chairman,.

B

Miss barnes: what was the reason that you gave for not uh checking the id of uh this volunteer.

N

um I did think it was uh someone that actually had worked upstairs.

N

And he was just there honestly, I I really thought it was someone that I knew.

N

And totally you know no excuse it's it's my fault. I served him. I didn't ask him to take the mask off.

N

um Since then, I've asked everyone to take their mask off. I've carded people now, who are you know.

N

Last week I carried someone born in 1971 and you know the guy thought that was great but yeah.

B

And you testified that in all your years of attending bar, you have never served.

B

To your knowledge, an under uh age customer is that right: never no! No and I've been in carroll.

N

County for 28 years, 10 years at the recent five at stables 14 at bellissimos. Well, that's pretty.

B

Remarkable uh record, thank you. It's a tough, it's a tough deal and this mask thing is, you know. I know.

N

It's not an excuse, but it does add a it adds a twist to it yeah um how many times in the.

B

Last year, have you successfully refused to serve someone who you found out or thought was underage.

N

Maybe I've seen one other cadet in the last year.

B

It doesn't have to be confined to condense, it could be anybody.

B

um Up the street, um no one that I know of no I'm pretty good at carting people, and you know.

B

Well, I I guess my question is man. um How many times has someone have you asked for a card and.

B

They either didn't give it to you, or they gave you one that you didn't like and you refused service.

N

um I can't recall any that you know I haven't got any like vertical ids that I have looked at or.

N

Anything of the sort now is there a vertical id policy of epilisimos. Yes, there is what is that we.

N

Don't serve to ver with you. If you have a vertical id, we don't serve you, okay and and that's a known.

B

Policy for all servers of policemen- yes, we have signage behind the bar and, I believe, on the doors.

N

You come in or somewhere outside there as you come in. Okay, are you tips are tam certified? Yes, I am.

B

Are any other servers at least most tips or tams certified, I'm pretty sure we all are yes. Okay,.

B

All right is there a written policy that the um servers um have to review.

B

From police, who knows that states vertical ids are not accepted um yeah. I think we have read that.

B

Okay and you believe that your signage about vertical id's uh yeah- I know there is yes yeah.

M

We have a problem displayed in probably six or seven places in the building. Okay uh and.

B

I think it was mentioned. I may have missed it. What is the policy now about carding patrons.

N

I card pretty much everyone now that I mean I I did before, but now my guard is up even higher and.

N

um Basically, if I don't know you I card you, I like I said I carried two guys last week. They were both.

N

Almost 50. yeah uh and how about uh does belisa mose have a policy in that regard? Do you know.

N

Just pretty much anyone that looks under 40 or that's not a regular of ours. We card.

B

So you think that's the um the policy for the restaurant under 40.. I would say.

B

Okay, you want to go with the gray hair policy, but we know that doesn't always.

M

Work because of hair dye, so we that, but that's the that is our you know, general consensus.

M

Because we do have a large percentage of our business as regular customers.

M

So um we do see a lot of the same folks over and over and over again, and so you know once you.

M

Become so familiar, I mean some of them almost on a daily basis, so because of that, you know.

M

We don't if we don't recognize someone, we card them. If you know, if we have any.

M

Inkling we card them in the carryout people come for packaged goods, we card everyone.

M

um But in the bars it is a little bit different because, like I said I'd, say 85.

M

Were regular customers, okay and, and that is um ma'am- was that anna cannon, who was just speaking.

M

Yes, sir, okay, uh miss cannon: what is your role at police moz.

M

I am one of the owners and day-to-day manager. Okay and.

B

Would you agree that most of your servers or tips are tam certified, if not all all? Oh? Thank you.

H

That's the only questions I have right now: okay,.

A

Come here, I'm sorry miss barnes. um You had testified that you didn't card him.

G

Because he looked like a regular customer, but then in the same aspect saying that.

G

You don't card people if you recognize them and unfortunately, like you said with the mask.

G

Situation now, um sometimes it's hard to recognize people. As you already have stated, you thought.

G

You knew him from being a regular. um Have you changed the way you view that now do you now.

G

Card, even if you think you recognize them yeah, oh yes, yeah I've just been the last week like I.

N

Said I've carded people that are over 50 years old and I'll just ask you to take.

N

Your mask off just so I can, you know, make sure you're as old. As you know, I'm assuming you are.

M

Well, and if I could, if I could speak regarding that, the the other part of that was that.

M

We had someone in the building. His name is chuck stewart. I have a picture I could send to keith. I'm.

M

Pretty sure I shared it with him that day, when you know we filled out the paperwork and he was there.

M

That day for lunch and honestly when I, when he showed me the picture, I said, wait a minute.

M

That's chuck, he's 41. and come to find out. It wasn't chuck, but it certainly resembled him.

M

And dawn, if I recall, you felt the same way.

N

Yeah, I did that's who I thought it was because I had just seen him upstairs.

B

um Miss barnes: were you aware at the time.

B

Back in october, that serving an underage person, alcohol is a crime in maryland. Yes,.

B

And how and how did you know that I've been behind the bar for 28 years? I've been certified several.

N

Times and um yes, I'm well aware, okay and and I'm guessing, though, from your testimony and look at.

B

The file that you participated in a program that's set up through the state's attorney's.

B

Office in carroll county- yes, yes, I did and that had a that had an impact. Also on me. As I said,.

N

There was two girls in one of those stories. They were both cheerleaders. They were sisters um both.

N

My girls were cheerleaders, um the one got killed and uh yeah by the time. I was done with that. um I.

N

Could have said a lot more positive things on the end where they asked questions, but I was.

N

Just emotionally spent that definitely took a toll on me. I've talked to other bartenders about that.

N

This is not something that I take lightly and uh I've made a huge mistake and I'm very sorry.

B

I appreciate that um everything you said there, ms barnes.

B

Miss cannon: uh do you recall the last time that a underage sale violation occurred for belissimos.

M

The last time there was an underage sale um would have been with. You know, to my knowledge.

M

Would have been with lori uh laurie uh van zant that.

M

Timeline I within the last few years I can say it was more than one maybe less than three. I'm not.

M

Exactly sure I want to say maybe two years yeah, I think, you're pretty close according.

B

To our records it looks like uh there was an underage sale, august, 22nd 2019, uh then.

B

uh And then, a month later you did pass or not you, the uh uh policeman's uh past, a compliance check.

B

And now we have this one of october 22nd, which I I think you're right is uh maybe 14 months.

B

Somewhere around there, two two violations uh in 14 months: that's that's what our wave chart indicates.

B

And I guess I guess if, if that's not right, mr benford can.

B

Can uh correct me, that's correct. We have another one on 219 2015, also.

B

Yeah and and uh thank you, mr kerry, and that is more than five years ago, and so this board.

B

Tends to uh focus on the last five five years, uh but but you make a good point so back in 2015.

B

There was a violation, and since then there were one two, three four five, six, seven, eight.

B

Consecutive successful compliance checks according to our wave chart.

B

And then we had these two violations within 14 months.

M

Yes, sir, and if I could add weird checks for tobacco regularly, also.

M

And are 100 compliant with tobacco.

B

Okay, so um so here's a question for you. I guess that was ms cannon. Yes, sir, okay, uh this is not.

B

The first time that this board has heard uh a licensee come in and uh indicate that.

B

They're, a hundred percent compliant with alcohol compliance checks, but they can't say the same for.

B

I'm sorry for tobacco compliance checks, but it can't say the same for alcohol compliance checks.

B

um So we've heard this before so I was wondering if you might have an explanation for that. Do.

B

You give the board, I give you anything, I would say I would say that we certainly.

M

Serve much more, you know we serve out the patrons purchasing alcohol and more repeatedly where, if.

M

Someone comes in and you know, buy cigarettes, they buy them once when you're drinking or drinking.

M

Throughout a period of time, or you know, there's there's just more there's more liquor. Sales.

B

Okay- uh and that makes sense, uh I think in the past, uh what this board has heard is that, with.

B

Regard to tobacco sales, some licensees have a an incentive program that if you used to pass.

B

A successful compliance check for a tobacco sale. You were rewarded in some financial.

B

Fashion does policymakers have that with regard to successful compliance checks for alcohol sales.

M

We do not, and that is mainly because we expect them to card everyone, and there are many times.

M

There have been two in the past week that I know of personally where people have came.

M

In underage to be served, so you know what I'm saying like that, that isn't something we could.

M

Sustain because, if you're, you know what I mean, if you're basing it on the fact that.

M

Someone's underage that happens often enough that that that's what they should always be doing.

M

And you know what I'm saying if you're, if you're basing it on everything when someone comes under.

M

Age that, where does that end, you know yeah, I take your point, should always be the case. Okay,.

B

I have no further questions at the moment. uh Mr chairman.

A

Commissioner, paul whitney uh I just wanted to um to miss canon. I seem to recall from your august.

G

22Nd violation um hearing looks like it was on october 9th uh following that violation. You then.

G

Became certified to give tips and tam classes. Am I correct and recollect in that recollection.

G

Yes, ma'am, okay, and so you, like all of your employees, you're able to tip.

G

And tam certify them yeah great. Thank you so much you're welcome.

M

And for the record, I also um you know, do offer that to other people in the county, virtually.

M

To because, obviously, under current circumstances, it's important, and that is an assault service.

M

That's available, so that is something that we offer virtual, that I offer virtually.

M

To everyone that contacts me, you know that needs it.

B

One quick question: ms cannon, it looks like in my notes that, from the last violation hearing.

B

Of august 20, well, violation was august, 28 2019, a 300 fine was assessed and 300.

B

Was suspended? Does that ring a ring of bells that sound right? Yes, sir? Okay, thank you. You're welcome.

A

Ms cannon, if I remember the testimony at the last hearing when you express the desire to become.

A

Certified to teach tips or tam classes, whatever the case might be. Is that correct? Yes, sir.

M

Through the restroom association of england other than your own employees,.

A

Have you taught any other classes, yes, sir? Approximately probably about 20 or so.

A

20 more other classes, yes, sir, and where would they have been they're virtual.

M

Or online and where the, where would the students come from local.

M

Yes, various establishments in the county.

M

So it wouldn't be 20 different establishments, but 20 different people.

A

What's the capacity of of your establishment, I haven't been in there for a while there.

A

Used to be a bar upstairs and a bar downstairs is that currently.

A

Correct, yes, sir, yes, the currently during covid is 180. It was you know, it's 360 for the building, 180.

M

uh Standing and 90 seated actually my same memory.

O

Originally was 180 seated but yes, I'm sorry, I'm just tripping up on my binary seat.

O

And standing, we could go up to the code of uh the fire marshal, which is like 4 45.

O

Hold on you have to identify yourself. I did identify before oh. Okay, sorry.

O

Did I answer the question? Yes, sir? Yes, you did it's always thank you. It's always nice.

A

Always nice to have dad in here to take care of uh his offspring uh lens of credits to the.

A

Testimony that that they give somebody's watching over.

O

I just I just want to tell you.

O

I'm sorry but good emotional.

O

Give me a second, I just want to tell you and you're bored.

O

I'm very thankful.

O

To be an american, at least for this week, I don't know about actually okay up to this week, I.

O

Came to america in 1966, and I was telling this story to someone with friends.

O

My parents lived as a married couple and at the enticing for 30 years,.

O

And they could never buy a house.

O

They came to america. My father came first with a couple, my my brothers and sisters and within.

O

Six months he brought out, can you believe this now the same people that couldn't do it over there.

O

They did it over here within six months and we all contribute.

O

To pay the house off and the house was paid off in two years. You can only do that in america.

O

I'm sorry but I'm getting off the subject I used to want to be grateful.

O

Now I just want to thank everybody for the opportunity.

O

You have all have a good day, a person to my daughter.

A

Mr davada, I I have a question for you. It's always been interesting to hear your comments as you just.

A

Mentioned about immigrating here to to the united states of america, I think the last time that we.

A

Had the privilege of talking with you, you told us how many restaurants or businesses that you had.

A

Could you could you tell us how many that you do still currently have.

O

Yes, sir, we have currently all together four, we did. We did close about three or four months ago.

O

The restaurant in not well carryout, I should say in liberty, road and the reason is the rent.

O

Got astronomical, we were paying like 15 100 a month. It just didn't make any financial sense.

O

To stay open, however, just as a blessing, we got a call from the westminster mall.

O

Town hall and we rent that place the previous owner was paying like.

O

Seven eight thousand dollars a month with the cam and all that guess how much we pay. One thousand.

O

They give us a deal, of course. We have to fight for it. We got that rent at the western.

O

Minister mall and we call it vinnie, because the people that work there for us they have a 25.

O

Partnership which are also immigrants yeah, they used to work there for 30 years under villa.

O

So now we lost one of the we closed one of the business, but we opened one that it's.

O

Much much better and much much cheaper with the rent. I can't it's hard to believe.

O

We're paying a thousand dollars a month and that's a 15 year lease.

O

Five, five and five, so I am grateful for that. It's doing very well.

A

Good! Congratulations! Any other questions of uh miss barnes or mrs cannon.

A

Yes, sir, thank you, sir.

A

Hearing none testimony is uh now closed and uh if ms cannon or mrs barnes would like to make.

A

Any closing comments, or either of the two of you, we would be glad to hear him at this time.

M

Sir, if I could speak this is anna cannon. You know I want you to understand. This is certainly.

M

Not something that we take like whatsoever, we have work under you know all these different.

M

Guidelines, you know that are going on right now how things have changed and we do con.

M

Try to continue to adapt and improve and come up with different ways to address problems as.

M

They arise and the nice thing about our staff is we work together collectively to make these.

M

Decisions that are way to help the staff work cohesively to not have these type of obstacles.

M

And you know, that is what we will continue to do. This is not something like I said that.

M

We, you know it's devastating when this happens, because we don't like to fail and we felt we.

M

Honestly feel like we failed in this circumstance, and I know dawn takes it seriously. She takes her.

M

Record and her reputation seriously and we did we made a mistake. We were 100 accountable for.

M

That mistake and this my plan moving forward is for us to alter you know our regulars.

M

Policy and really honestly, we just got to have them all. Even the regulars they're going to laugh.

M

But we're going to have to have them walk in with that id every day, because I just feel like.

M

You know this is not a risk that we're willing to take. We certainly don't want.

M

To see anybody get served under age, it's very dangerous. You know when they're younger, they.

M

Are a little more careless with their actions and that's not something that we want to see happen.

A

Thank you inspectors. Do you have any closing comments.

F

Other than we they were rechecked yesterday and they our volunteer, was asked for id. They passed.

F

Good testimony and is now closed and we will now discuss the merits of the case.

A

Commissioners, you have heard testimony in regards to this case uh your comments and.

A

Suggestions. Well, mr chairman, I have a couple of comments. um It's already been stated. I.

B

Think, but uh these it's it's obvious that we've had two violations in 14-month period.

B

That's on one side of the ledger: on the other side, there are eight consecutive successful checks.

B

Before these two quick violations, so it uh you know, it seems to me that.

B

The rapid succession of violations is an anomaly if you look at.

B

You know last uh several years of record, um you know a successful checks.

B

Is a good thing from our perspective or from my perspective, and I think from from the board's.

B

Perspective, I would also note that on the last hearing that the fine was suspended.

B

And that is a discretion that the board took.

B

As encouragement to the establishment to continue.

B

uh Preventing underage sales, um unfortunately, the uh police knows fell a little short in that regard.

B

So I think the fact that the fine was suspended is something that.

B

Last time around something that should be taken in count.

B

Or into consideration this time around uh for the second violation in 14 months,.

B

um I guess my last comment was I I'm still having heard the testimony of ms cannon.

B

uh Mr defada uh and ms barnes um I'm pretty confident that going forward. uh I.

B

I think that police moves is going to step up, increase their vigilance a bit more.

B

And uh and I'm hoping not to see them again for a long time in this capacity, thank you.

A

Commissioner mulwinny, do you have any comments or motions.

G

If you have no comments miss commissioner broning, I would be prepared to make a motion.

A

We would be glad to hear it.

G

um I I do genuinely feel that ms barnes and miss cannon feel you know, adamant that this.

G

Was a mistake based on the coveted situations that we continually hear at these hearings.

G

And it's very unfortunate that that's what happens, um however, this this wasn't.

G

A sale to a minor within 14 months of a previous sale to a minor. um I I feel that.

G

There are consequences to that action. I would motion to find uh beliefs the most culpable.

G

In case of 6278 and in assess a fine of 600 for the second violation within the past five years,.

A

Is there a second motion.

B

I will second that motion with the comment that, uh if.

B

If the fine had been raised because of the previous suspension, I would have agreed with.

B

That, but I agree with commissioner mulwinny that this is an appropriate fine in this case,.

A

Motion has been properly made and seconded that we find the licensee culpable and issue a fine of 600.

A

This being the second violation within 14 months, there any further discussion on the motion.

A

Hearing none, those in favor signify is saying: aye aye opposed no.

A

So ordered ms cannon, we find you culpable and assess a 600, fine of which must be paid within.

A

30 days of official receipt, which will be a written notice of the action.

A

Of this commission at this hearing today, do you have any questions.

A

Hearing none this concludes case 6278.. If there are no other questions.

A

By the commissioners or inspectors or staff, we will stand adjourned until 1.

A

A